K. Sunita v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3999 of 2018 K. Sunita W/o W/o Prasad Aged About 31 Years R/o Steel Nagar Bhilai, District Durg, Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through Police Station Supela, District- Durg, Chhattisgarh. ---- Respondent For the applicant :

Mr. Vipin Tiwari, Advocate.

For the State :

Mr. Ashish Shukla, Dy. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 2 5 .0 6 .2018

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 179/2017 registered at Police Station Supela, Distt. Durg (C.G) for the offences punishable under Sections 420, 409, 34 of IPC and Sections 3, 4, 5 & 6 of the Prize Chits and Money Circulation Schemes (Banning) Act and section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

2. The first bail application was dismissed on 28.11.2017.

3. As per the prosecution case, a report was made by complainant M.Mohan Rao who was working as agent of R.D.P.L. Land Mark and Infrastructure Limited at Bhilai that he at the behest of the Company collected different amounts from the persons and got it deposited in the Company with an assurance that high return would be paid. Subsequently, all of a sudden the office of the Company was closed and the

entire staff fled away wherein accused Ravi Kumar was working as invigilator of the Branch and applicant K. Sunita was working as Branch Incharge and accused Masa Raju was working as Senior Branch Head. Subsequently, after investigation it was found that collection of money was made without any sanction from the Reserve Bank of India or any permission from the SEBI. Thereby the money was illegally circulated and the fraud was played with the Public, who have deposited the amount.

4. Learned counsel for the applicant submits that the petitioner is seriously ailing in jail , therefore, in order to treat her she may be enlarged on bail. She further submits that one of the accused K. Abhilash has been enlarged on bail by the Coordinate Bench of this Court in M.Cr.C.No.7788 of 2017 on 23.2.2018 and the applicant is working in the Branch of the Company which took away the money of the depositors.

5. Considering the medical documents enclosed with the application which prima facie show that the applicant is ailing in jail and further taking into consideration the fact that the other similarly placed accused Abhilash has been enlarged on bail by the Coordinate Bench of this Court, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o